Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Counties, in coordination with jurisdictions and regional agencies located within the county, shall:
(1) Estimate the amount of all organic waste in tons that will be disposed by the county and jurisdictions within the county by:
(A) Multiplying the percentage of organic waste reported as disposed in the Department's most recent waste characterization study by the total amount of landfill disposal attributed to the county and each jurisdiction located within the county by the Recycling and Disposal Reporting System; or
(B) Using a waste characterization study or studies performed by jurisdictions located within the county and applying the results of those studies to the total amount of landfill disposal attributed to the county and each jurisdiction located within the county by the Recycling and Disposal Reporting System. Local studies may be used if the studies:
1. Were performed within the last five years,
2. Include at least the same categories of organic waste as the Department's most recent waste characterization study that was available at the time the local study or studies were performed, and,
3. Include a statistically significant sampling of solid waste disposed by the jurisdiction conducting the study.
(2) A county may incorporate the findings of a published report generated by the appropriate solid waste management entities within the county that provides organic waste disposal tonnages or percentages for specific organic waste material types that are not covered in the Department's most recent waste characterization study. This may include, but is not limited to, reports on tons of biosolids or digestate disposed in the county.
(3) Identify the amount in tons of existing organic waste recycling infrastructure capacity, located both in the county and outside of the county, that is verifiably available to the county and jurisdictions located within the county.
(A) A county can demonstrate the capacity is verifiably available to the county or its jurisdictions through a contract, franchise, or other documentation of existing, new, or expanded capacity at a facility, activity, operation or property that recovers organic waste that will be available to the county or its jurisdiction prior to the end of the reporting period.
(4) Estimate the amount of new or expanded organic waste recycling facility capacity that will be needed to process the organic waste identified pursuant to Subdivision (a)(1) in addition to the existing capacity identified in Subdivision (a)(3).
(b) A jurisdiction or regional agency contacted by a county pursuant to Subdivision (a) shall respond to the county's request for the information necessary to comply with the requirements of this article within 120 days of receiving the request from the county.
(1) If a jurisdiction or regional agency fails to provide the information necessary to comply with the requirements of this article within 120 days, the county is not required to include estimates for that jurisdiction in the report it submits pursuant to Section 18992.3.
(2) In the report submitted pursuant to Section 18992.3 the county shall identify any jurisdiction that did not provide the information necessary to comply with the requirements of this article within 120 days of receiving a request from the county.
(c) In complying with this section, the county in coordination with jurisdictions and regional agencies located within the county shall:
(1) Consult with the Enforcement Agency and the local task force created pursuant to Section 40950 of the Public Resources Code on the status of locations for new or expanded solid waste facilities including the potential capacity increase each facility may provide if approved.
(2) Consult with haulers and owners of facilities, operations, and activities that recover organic waste including, but not limited to, compost facilities, in-vessel digestion facilities, and Publicly Owned Treatment Works to gather information on the existing capacity and potential new or expanded capacity at those facilities, operations, and activities.
(A) Entities contacted by a jurisdiction shall respond to the jurisdiction within 60 days regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes.
(3) Conduct community outreach regarding locations being considered for new or expanded facilities, operations, or activities to seek feedback on the benefits and impacts that may be associated with new or expanded facilities, operations, or activities. The community outreach shall:
(A) Include at least one of the following forms of communication: public workshops or meetings, print noticing, and electronic noticing.
(B) If applicable be conducted in coordination with potential solid waste facility operators that may use the location identified by the county and the jurisdictions and regional agencies located within the county.
(C) Include communication to disadvantaged communities that may be impacted by the development of new facilities at the locations identified by the county and the jurisdictions and regional agencies located within the county.
(D) Communication required by this section must be provided in non-English languages spoken by a substantial number of the public in the applicable jurisdiction in a manner that conforms with the requirements of Section 18985.1(e).
(4) Consult with community composting operators to estimate the amount of organic waste the county, and the jurisdictions and regional agencies located within the county, anticipate will be handled at community composting activities.
(d) If a county determines that organic waste recycling capacity, in addition to the available and proposed capacity identified pursuant to Subdivision (a), is needed within that county, the county shall notify the jurisdiction or jurisdictions that lack sufficient capacity that it is required to:
(1) Submit an implementation schedule to the Department that demonstrates how it will ensure there is enough available capacity to recover the organic waste currently disposed by generators within their jurisdiction by the end of the report period.
(A) The implementation schedule shall include timelines and milestones for planning efforts to access capacity including, but not limited to:
1. Obtaining funding for organic waste recycling infrastructure including, but not limited to, modifying franchise agreements or demonstrating other means of financially supporting the expansion of organic waste recycling.
2. Identification of facilities, operations, and activities that could be used for additional capacity.
(2) Identify proposed new or expanded organic waste recycling facilities that will be used to process the organic waste identified pursuant to Subdivision (a)(3).
(e) The notice the county provides jurisdictions pursuant to Subdivision (d) shall be provided on or before the county submits the report required pursuant to Section 18992.3.
(f) For the purposes of this section, only the following type of organic waste shall be included in estimates: food, green waste, landscape and pruning waste, wood, paper products, printing and writing paper, digestate and biosolids.
(g) For the purposes of conducting the estimates required by this section, a county may subtract the waste generated in an area subject to a waiver granted by the Department pursuant to Section 18984.12. A county is not required to obtain information from a jurisdiction that is waived from all of the organic waste collection requirements of this chapter.
1. New article 11 (sections 18992.1-18992.3) and section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).
Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Section 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.
